§ 65.641. Tree Encroachment Permit.

When a Tree Encroachment Permit is Required. Persons desiring to place structures or impervious paving surfaces within a 6-foot radius of the trunk perimeter of any medium or large size tree shall make application to and on a form prescribed by the Parks Official and pay a nonreturnable fee for each tree to be inspected. Fees for tree encroachment permits shall be set by resolution of the City Council from time to time and are hereby declared to be necessary for the purpose of processing the application and making the necessary inspections for the administration and enforcement of this part. The requirement for a tree encroachment permit is a requirement separate from and in addition to the requirement for obtaining any other approvals or permits whatsoever, including tree removal permits on the same development site.

Review of the Application. The application for a tree encroachment permit shall be reviewed by the Parks Official and such City Departments responsible for the enforcement of the tree protection regulations of this Chapter. Such departments shall review and consider the standards and requirements of Chapter 60, Part 2, as well as the general effect which the proposed encroachment will have upon the tree itself. Upon a review of the factors involved, the application shall either be granted or denied; in the event an application is denied, the reasons therefor shall be reported in writing to the applicant.

Conditions on Approval. The Parks Official may require, as a condition for the approval of an application for tree encroachment, any of the following measures to encourage the continued growth and health of the tree in question:

(a)

Compensatory pruning of the crown of the tree, to compensate for the stress placed upon the tree by the encroachment. The Parks Official shall specify the proportionate amount of the required pruning. The crown must be pruned by removing lateral branches and trimming, rather than by topping.

(b)

Pruning and Treatment of Damaged Roots. The Parks Official may specify such procedures and remedies as he finds necessary to minimize stresses to the root system of the tree.

(c)

Measures to compensate for shock caused by fill material or drop in surface elevation including but not limited to tree wells, drainage and aeration, and use of specific soil types and fill materials.

(d)

Application of fertilizer, water and/or organic materials to assist in the recuperation of the tree. The Parks Official may specify such procedures and remedies as he finds necessary for the tree in question.

(e)

The Parks Official shall be authorized to administratively alter the undisturbed area in conjunction with a Tree Encroachment Permit in order to accommodate a retained tree into a required bufferyard or other landscaped area.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 12-12-1994, Doc. #28102)